Best Buy Uses DMCA To Quash Black Friday Prices
Sethb writes "It looks like Best Buy didn't learn from Wal-Mart last year, and has now invoked the DMCA in order to prevent FatWallet from posting information about what items they will have on sale the day after Thanksgiving. Hopefully FatWallet will stand up for themselves again, and Best Buy will be laughed out of court."
Major Book Publishers use DMCA to quash blurbs and book reviews!
This law is getting just a shade ridiculous.
Is it also unfair to get several quotes, or search pricewatch to compare prices ?
Or to wait til you can get a good deal on a used one on ebay ?
How about having an above average IQ ? That cuts into your usefulness as a consumer also.
Just because a business thought of a way to make money, doesn't mean actions that make that way look stupid are somehow "unfair". It's just as "unfair" to not let me read all the ads before I go shopping.
Much of the reason the system seems so out of wack right now is that it's the company who has the most clever advertising that wins, NOT the one actually producing the best product. And that's very destructive in the long run.
Bush: He's Liberal in all the wrong ways.
Actually it would cause a business to more accurately price things appropriately to demand. But that's not what they want is it? They want to be able to price things above what demand would dictate so they can have higher profits. In this case they don't even want to do that.. they want to force people into the stores to find loss-leader items so they can sell them the high-profit items along with or instead of the low priced items.
From what I remember in civics (history/government) class long ago there were no items in the Constitution or Bill of Rights which guarantee businesses high margins at the expense of other citizens. Funny how things which hurt margins (not destroy sales.. but hurt margins) in favor of the rest of society are suddenly becomming illegal in the U.S.
I own a small business. Current US policies (even legitimate use of DMCA) don't appear to do one bit of good for small business. They only seem to help big business... which already has tons of tax breaks and other benefits none of the rest of us get.
America has been based on consumerism for the last 50 years. Doesn't that make it part of American culture?
Okay let's assume for a moment that these (let's call them) "lawyers" are professionals of the legal profession. This assumption would lead one to understand that these "lawyers" are reasonably intelligent, educated and keep current with the practice and application of law.
Given that there has been prior failure of the exact same application of the law we fondly refer to as the "DMCA" and assuming they are aware of this, then it is clear that these "lawyers" are not interested in using the "DMCA" as it was intended and are instead using it as a refridgerator. (As a means to apply a "chilling effect" to anything that might seem like competition or might otherwise endanger their profitability.)
I know I am really out on a limb here suggesting that these "lawyers" would even dream of using law for purposes it was never intended. But I'm just presenting a possible explanation for their behavior without suggesting they are morons.
Hopefully FatWallet will stand up for themselves again, and Best Buy will be laughed out of court.
No, no, NO.
If Best Buy gets laughed out of court in the middle of December, they've already won. Fat Wallet took down their ads, had to hire a lawyer, free speech was stifled.
I am sad to see that FatWallet blinked this time, after staring down Walmart and getting them to back down. The argument that facts cannot be copyrighted seems solid, and the DMCA shouldn't change that (except for removign due proes, of course.) We need this case to go to court, and the countersuit to be pursued even after Best Buy drops it two weks after the fact.
Fuckers.
The only possible good outcome here is if Fat Wallet stood up, kept up the ads, and countersued.
The DMCA doesn't change whether something is copyrightable, and facts
We don't want....them. Us vs. them. If 'they' trusted 'us', we might trust them. In the mean time...give 'em hell.
the endless pursuit of stuff is killing us and what's worse, it's making us shallower.
/end rant gotta get some sleep
I'm afraid that Coke is a pretty good shorthand reference for American culture. American cities are hidious, with maybe two exceptions (San Fran, New Orleans). The sole urban design goal seems to be the breakdown of community and conversion of citizens to consumers. We've lost a tremendous amount of personal time to work. Is that a good trade-off? What about pro-family values? Can you raise your kids from work? Once they are fed, housed, and clothed, is the delta income worth the -delta face time? Did you get a choice re: -delta face time?
GDP is not a sound measure of societal health. I don't think it's even a good measure of economic health. Where externalities aren't monetized (you aren't charged for pollution), but cancer treatments are, you have a skewed measurement and eventually warped values.